Terms Of Use

THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME (“Terms”) ARE A BINDING CONTRACT BETWEEN FACTMONTSTER.COM AND YOU (“you” or “user”). BEFORE USING THE FACTMONTSTER.COM WEBSITE OR ANY VIDEO, AUDIO, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE (collectively, the “Site”), PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY FOUND HERE.(AS AMENDED FROM TIME TO TIME). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE SITE. FACTMONTSTER.COM MAKES THE SITE CONTENT AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS. THESE TERMS APPLY TO ALL USERS AND VISITORS TO THE SITE.

Use of the Service

Company grants you permission to use the Service as set forth in this Agreement, provided that:

you will not copy, distribute or disclose any part of the Service in any medium;

you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and

you will otherwise comply with the terms and conditions of this Agreement.

You do not have to register in order to use the Service.

By providing Company your email address, you consent to Company using the email address in accordance with Company’s Privacy Policy.

You agree not to use or launch any automated system, including, without limitation, “robots”, “spiders”, “offline readers”, etc., that accesses the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, and you agree not to aggregate or collate any of the content available through the Service for use elsewhere. You also agree not to collect or harvest any personally identifiable information, including account names, from the Service, or use the communication systems provided by the Service for any commercial solicitation purposes.

Company may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Service without notice and liability if, in Company’s sole determination, you violate any provision of the Agreement, including by carrying out any of the following prohibited actions:

attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

taking any action that imposes, or may impose in Company’s sole discretion, an unreasonable or disproportionately large load on Company’s infrastructure;

uploading invalid data, viruses, worms or other software agents through the Service;

impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud or hiding or attempting to hide your identity;

interfering with the proper working of the Service; or,

bypassing the measures we may use to prevent or restrict access to the Service.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users or for any User’s action or inaction.

User Content

Some areas of the Service may allow Users to post feedback, comments, questions, and other information (collectively, “User Content”). You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (collectively, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

You agree not to post User Content that:

may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness to you, to any other person or to any animal;

may create a risk of any other loss or damage to any person or property;

may constitute or contribute to a crime or tort;

contains any information or content that we believe to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening or otherwise objectionable;

contains any information or content that is illegal;

contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or

contains any information or content that you know is not correct and current.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights (as defined below) and rights of publicity and privacy. Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America or any other official registry, collection society or rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights and moral rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Company takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display or otherwise make available or access through your use of the Service, is solely your responsibility. Company is not responsible for any public display or misuse of your User Content.

You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree that, insofar as the law allows, Company shall not be liable for any damages you allege to incur as a result of such User Content.

License Grant

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display and make derivative works of all such User Content and your name, voice and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.

Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and User Content (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.

Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to, or we may invite you to submit, comments or ideas about the Service, including, without limitation, about how to improve the Service or Company’s products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, that we are free to disclose the Idea on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission of an Idea, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.

Eligibility

This Service is intended solely for Users who are 13 years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. Company may terminate your account, delete any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason or no reason, at any time in its sole discretion, with or without notice, including, without limitation, if it believes if you are under 18 years of age you may use the Service only if you either are an emancipated minor (where that term is legally effective) or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Privacy

We care about the privacy of Company’s Users. Please see Company’s posted Privacy Policy. By using the Service, you grant Company the right to collect, store, use and/or disclose information in the manner permitted by the Privacy Policy

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Additional Representations and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor (where that term is legally effective) or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Your User Content and Company’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third-party, including, without limitation, any Intellectual Property Rights, privacy rights and rights of publicity.

Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees or royalties payable under any collective bargaining agreement or otherwise.

Third-Party Websites, Advertisers or Services

The Service may contain links to third-party websites, advertisers or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and Company’s Privacy Policy do not apply to your use of such websites. You expressly release Company from any and all liability arising from your use of any third-party website or services or third-party owned content. Additionally, your dealings with or participation in promotions of advertisers found on Company, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Indemnity

You agree to defend, indemnify and hold harmless Company, its members, subsidiaries, other affiliated companies or their respective directors, managers, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the Service, including any data or work transmitted or received by you;

your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above;

your violation of any third-party right, including, without limitation, any right of privacy, publicity rights or Intellectual Property Rights;

your violation of any law, rule or regulation of the United States or any other country;

any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or

any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Without limiting the foregoing, to the maximum extent permitted by applicable law, Company, its members, subsidiaries, other affiliated companies and licensors do not warrant that: (a) the content on the Website is accurate, reliable or correct; (b) the Service will meet your requirements; (c) the Service will be available at any particular time or location, uninterrupted or secure; (d) any defects or errors will be corrected; or (e) the Service is free of viruses or other harmful components.

Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

To the maximum extent permitted by applicable law, Company does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third-party through Company or the Service or any hyperlinked website or service, or featured in any banner or other advertising, and Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Company, its members, affiliates, directors, managers, officers, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Service. Under no circumstances will Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Company assumes no liability or responsibility for any:

errors, mistakes or inaccuracies of content;

personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;

any unauthorized access to or use of Company’s secure servers and/or any and all personal information stored therein;

any interruption or cessation of transmission to or from the Service;

any programs, bugs, viruses, trojan horses, data or the like that may be transmitted to or through the Service by any third-party;

any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or

user content or the defamatory, offensive or illegal conduct of any third-party.

In no event shall Company, its members, subsidiaries, other affiliated companies or their respective directors, managers, employees, contractors, agents, officers and directors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Company hereunder.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

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